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REQUEST FOR PROPOSAL
FOR THE EXPLORATION OF BROAD BANDING AND REWARDS AND SANCTIONS POLICY
RE-ADVERTISEMENT
DATE ISSUED: WEDNESDAY 16 SEPTEMBER 2009
PROJECT NUMBER: UNOPS-78A-2009
FOR QUERIES ONLY, NO PROPOSALS:
UNITED NATIONS
OFFICE FOR PROJECT SERVICES Mr. Pieter VERHOOG
E-MAIL: PieterV@unops.org
(UNOPS) PHONE: +45 3546 7632
FAX: +45 3546 7508
MIDTERMOLEN 3 PROPOSAL RECEIPT DEADLINE
P.O. BOX 2695 PROPOSALS MUST BE RECEIVED NO LATER THAN:
DK – 2100 COPENHAGEN Ø THURSDAY 1 OCTOBER 2009 at 11:00 hrs
DENMARK
Copenhagen time (ref. wwp.greenwichmeantime.com)
PUBLIC PROPOSAL OPENING
PROPOSALS WILL BE OPENED ON
THURSDAY 1 OCTOBER at 14.00 hrs Copenhagen time.
THIS IS A RE-ADVERTISEMENT
The Executive Director of the United Nations Office for Project Services (UNOPS) hereby invites suppliers to
submit offers for the items described in the Request for Proposal (hereinafter called the RFP).
The above Proposal Receipt deadline is an absolute deadline. Proposals received later will be declared invalid.
Proposals can be sent through one of the following channels:
1) Via e-mail to the secure bid e-mail: bids@unops.org
2) Via regular mail as a hardcopy
3) Via fax to the secure bid fax number: +45 3546 7509.
All proposals are subject to the attached “Instructions to Suppliers” and any such specifications, requirements
and instructions that are incorporated herein. Failure to observe these requirements and to fully complete and
return all sections of the RFP, may be grounds for disqualifying the proposal or subsequently cancelling a
Purchase Order, with prejudice to the seller.
Please acknowledge receipt of this RFP by returning the attached form (page 3), as far in advance of the
proposal opening date as possible, to the contact person indicated above, indicating whether or not you intend
to submit a proposal. If you are declining to bid, please state the reasons on the attached form in order for
UNOPS to improve its effectiveness in future invitations.
For suppliers submitting proposals, your company representative is invited to attend the Proposal Opening. You
must advise the Contact Person indicated above, at least one day before the opening, if you plan to attend. A
Proposal Opening Report is available to all bidders upon request.
THIS INVITATION TO BID HAS BEEN:
Prepared By: ___________________________
Pieter Verhoog
Procurement Associate
Procurement Practice Group
UNOPS Copenhagen
Reviewed by: _________________________
Andria Iskau
Procurement Associate
Procurement Practice Group
UNOPS Copenhagen
Approved By: ___________________________
Karsten Bloch
Director, Corporate Support Group & CIO,
Officer-in-Charge, Procurement Practice Group
UNOPS Copenhagen
Page 2 of 42
PLEASE COMPLETE THIS PAGE AND RETURN IT
PRIOR TO PROPOSAL DEADLINE
To: Mr Pieter Verhoog Date:
UNOPS Headquarters
Office of the Procurement Practice
From: <company name>
<contact name>
<telephone>
Subject: Request for Proposal, UNOPS-78A-2009
Exploration of Broad banding and rewards and sanctions policy – Re-advertisement
() YES, we intend to submit an offer.
() NO, we are unable to submit a proposal in response to the above mentioned RFP due to the
reason(s) listed below:
() We are unable to submit a competitive offer for the requested service at the moment
() We cannot meet the requested specifications
() The information provided for proposal purposes is insufficient
() Your request for proposal is too complicated
() Insufficient time is allowed to prepare a proposal
() We cannot adhere to your terms and conditions (please specify: payment terms, request for
performance bond, etc.)
() Others (please specify)
() We would like to receive future requests for proposals for this type of services
() We do not want to receive future requests for proposals for this type of services
RFP UNOPS-78A-2009 – Re-advertisement 3 of 42
Instructions to Suppliers
1. INTRODUCTION
1.1. UNOPS will select companies to provide the services outlined in the Terms of Reference and in
accordance with the method of selection specified in this RFP. Suppliers are therefore invited to
submit a Technical Proposal and a Financial Proposal.
1.2. To enable you to submit a proposal, please find enclosed:
Annex I: Terms of Reference (TOR), containing a description of UNOPS requirements for
which these services are being sought;
Annex II: Proposal Form, to be completed and returned with your proposal;
Annex III: Statement of Exclusivity and Availability
Annex IV: Joint Venture / Consortium / Association Form
Annex V: Technical Proposal Submission Form
Annex VI: Assignment Template
Annex VII: Financial Proposal Submission Form
Annex VIII: A draft of the form of contract under which the services would be performed.
The UNOPS General Contract Conditions (GCC) for Professional Services are available at
http://www.unops.org/english/whatweneed/pages/default.aspx under ‘Publications’. If your
company is unable to access the document, please send an e-mail or fax request to
PieterV@unops.org / +45 3546 7508 and this document will be sent to you electronically or by
fax.
1.3. This letter is not to be construed in any way as an offer to contract with your firm/institution.
2. PROPOSAL FORMAT AND CONTENT
2.1. Proposals can be submitted through hardcopy proposals, via email or fax.
2.2. Suppliers are required to submit their Technical and Financial Proposals as specified in ‘Content of
Proposals’ on page 15.
2.3. Submission of the wrong format for either the Technical or the Financial Proposal may result in the
proposal being deemed non responsive.
RFP UNOPS-78A-2009 – Re-advertisement 4 of 42
3. HARDCOPY PROPOSALS
3.1. SEALED HARDCOPY PROPOSALS must be despatched to arrive at the UNOPS office
indicated no later than the closing time and date stipulated.
3.2. Proposals received in any manner other than as outlined in clauses 3.3 to 3.9 below, will be
invalidated.
3.3. Proposals shall be submitted in English.
3.4. Proposals shall be submitted in duplicate.
3.5. Proposals shall be sealed in 1 outer and 2 inner envelopes.
3.6. All envelopes shall indicate the Supplier’s name and address.
3.7. The first inner envelope shall be marked Technical Proposal.
3.8. The second inner envelope shall be marked Financial Proposal.
3.9. All envelopes should be marked as follows:
UNITED NATIONS OFFICE FOR PROJECT SERVICES (UNOPS)
Midtermolen 3
DK-2100 Copenhagen
Denmark
Attn: Bid Opening Committee
Reference: RPF UNOPS-78A-2009 – Re-advertisement - Pieter Verhoog
Deadline: Thursday 1 October 2009, at 11:00 hours, Central European Time
“NOT TO BE OPENED BY REGISTRY”
3.10. Information which the Supplier considers to be proprietary should be clearly marked as such. All
information provided by the Supplier will be treated as confidential and used for UNOPS internal
purposes only.
3.11. It is entirely the Supplier’s responsibility to ensure complete and safe arrival of hardcopy proposals.
UNOPS will accept no responsibility for any problems in receiving email proposals.
3.12. The procurement officer that issued this RFP CANNOT BE CONTACTED for confirmation of
receipt of the proposal. The Bid Opening Committee can be contacted for this on +45 3546 7622.
4. EMAIL PROPOSALS
4.1. Email proposals should be sent to the following secure e-mail: bids@unops.org
4.2. Email proposals should arrive in the email inbox specified above, no later than the closing time
and date stipulated.
4.3. Email proposals SHOULD NOT BE SENT to the procurement officer who issued this RFP,
neither directly nor copied on the email to bids@unops.org . This may result in the disqualification
RFP UNOPS-78A-2009 – Re-advertisement 5 of 42
of your proposal.
4.4. The technical and financial proposal MUST NOT BE SENT in one email. They must be submitted
as separate emails.
4.5. The size of every email must not exceed 8MB.
4.6. The subject reference should clearly state Technical Proposal or Financial Proposal as well as the
RFP reference ‘RFP UNOPS-78A-2009’.
4.7. Upon receipt of each email, a system generated confirmation of receipt will be sent. The
procurement officer that issued this RFP CANNOT BE CONTACTED for confirmation of receipt
of the email(s).
4.8. It is entirely the Supplier’s responsibility to ensure complete and safe arrival of email proposals.
UNOPS will accept no responsibility for any problems in sending and/or receiving proposals.
5. TIME FOR RECEIVING PROPOSALS
5.1. Sealed Proposals, being submitted in sealed envelopes, received prior to the stated closing time and
date will be kept unopened. The Officer of the Bid Opening Committee will open Proposals when
the specified time has arrived and no Proposal received thereafter will be considered.
5.2. UNOPS will accept no responsibility for the premature opening of a Proposal which is not properly
addressed or identified.
5.3. Modification of Proposals already submitted will be considered, if received prior to the closing time
and date.
5.4. It is entirely the Supplier’s responsibility to ensure timely arrival of proposals. UNOPS will accept
no responsibility for late arrival of proposals.
5.5. UNOPS may, at its discretion, extend the deadline for the submission of proposals, by notifying all
invited bidders in writing. The extension of the deadline may accompany a modification of the
solicitation documents prepared by UNOPS at its own initiative or in response to a clarification
requested by a bidder.
6. PUBLIC OPENING OF PROPOSALS
6.1. Suppliers, or their authorized representative, may attend the public opening of the RFP at the time,
date and location specified. Any visit needs to be communicated to the UNOPS contact person at
least 1 day in advance of the RFP opening date. The only envelope that will be opened at public bid
opening is the Technical Proposal, which will be checked for completeness listed in the chapter
‘Instructions to Suppliers’, paragraph 20.2.
7. COMMENCING THE ASSIGNMENT
7.1. Assuming that a contract can be satisfactorily concluded by mid October 2009, the assignment is
RFP UNOPS-78A-2009 – Re-advertisement 6 of 42
expected to commence as soon as possible thereafter, and to take 4 weeks to complete.
8. ELIGIBLE OFFERORS
8.1. A Bidder may be a private, public or government-owned legal entity or any combination of them in
the form of associations(s) including joint ventures or consortiums with a formal intent to enter into
an agreement.
8.2. Joint venture, consortium or association: If you consider that your entity does not have all the
expertise required for the delivery of the goods/works/services, there is no objection to your entity
sub-contracting or associating with other entities, particularly with a firm in the country where the
goods are to be delivered or the services/works to be undertaken. However, any invited entity may
not participate in more than one consolidated proposal. Similarly, a local entity may associate with
only one invited firm/institution that has been invited to offer.
In the case of a joint venture, consortium or association:
(a) all parties shall be jointly and severally liable to UNOPS for the fulfilment of the provisions of
the contract; and
(b) shall nominate one party who shall act as a leader with the authority to bind the joint venture,
association or consortium during the solicitation process and, in the event a contract is
awarded, during contract execution. The composition or the constitution of the joint venture,
consortium or association shall not be altered without the prior consent of UNOPS. Annex IV
(Consortium / Joint Venture / Association Form) must be completed and signed in which each
consortium partner must accept joint and all liabilities with the other consortium partners for
the execution of the contract and gives a mandate to the leader to sign on its behalf.
9. EXCLUSIVITY AND AVAILABILITY STATEMENT
9.1. Each key expert must sign an exclusivity and availability statement (using the template provided in
Annex III), the purpose of which is as follows:
(a) The key experts proposed in this offer must not be part of any other offer being submitted
for this tender process. They must therefore engage themselves exclusively to the Bidder.
(b) Each key expert must also undertake to be available, able and willing to work for all the
period foreseen for his/her input during the implementation of the contract as indicated in
the TOR and the firm/institution’s offer.
9.2. Having selected a firm partly on the basis of an evaluation of the key experts presented in the offer,
UNOPS expects the contract to be executed by these specific experts. As the expected date of
mobilization is given in the solicitation documents, UNOPS will only consider substitutions after
the deadline for the submission of offers in cases of unexpected delays in the commencement date
beyond the control of the Bidder, or exceptionally because of the incapacity of a key expert for
health reasons or due to force majeure or other circumstances which may justify a replacement and
which would not have any effect on the selection of the offer. The desire of a Bidder to use an
expert on another project or a change of mind on the part of an expert about the contract will not be
accepted as a reason for substitution of any of the key experts.
10. ETHICS CLAUSE
10.1. UNOPS requires that Bidders observe the highest standard of ethics during the entire tender process
and throughout the execution of the contract. Therefore the following will apply during the tender
RFP UNOPS-78A-2009 – Re-advertisement 7 of 42
process and subsequent contract execution:
(a) Any attempt by an Bidder to obtain confidential information, enter into unlawful agreements
with competitors or influence any UNOPS representative, official, employee or other agent of
UNOPS or any organization of the UN (United Nations) system during the process of
UNOPS’ examining, clarifying, evaluating, comparing and selecting offers will lead to the
rejection of its proposal and may result in exclusion from participation in future UNOPS
tenders.
(b) The Bidder must not be affected by any conflict of interest and shall have no particular link
with other parties involved in the design or implementation of the project.
(c) UNOPS reserves the right to suspend or cancel the contract if corrupt practices of any kind are
discovered at any stage of the solicitation and award process or during the implementation of a
contract. For the purposes of this provision, "corrupt practices" mean offering, giving,
receiving or soliciting of, directly or indirectly, any thing of value to influence the action of
any UNOPS representative, official, employee or other agent of UNOPS or any organization
of the UN system in the selection process or in the execution of a contract.
(d) The Bidder warrants that it has not and shall not offer any direct or indirect benefit arising
from or related to the performance of the contract or the award thereof to any representative,
official, employee, or other agent of UNOPS or any organization of the UN system.
(e) The Bidder represents and warrants that neither it nor any of its affiliates is involved in, either
directly or indirectly, nor does it fund, either directly or indirectly, terrorist activities, notably
upon basis of the consolidated list of individuals belonging to or associated with terrorist
entities as established and maintained by the United Nations 1267 Committee. Any breach of
this representation and warranty shall entitle UNOPS to terminate the contract immediately
upon notice to the contractor, without any liability for termination charges or any other
liability of any kind of UNOPS.
11. CLARIFICATION OF SOLICITATION DOCUMENTS
11.1. A prospective Bidder requiring any clarification of the solicitation documents may notify the
UNOPS contact person in writing at the mailing address, fax number or e-mail address indicated on
the front page. UNOPS will respond in writing to any request for clarification of the solicitation
documents that it receives at least 96 hours prior to the deadline for the submission of proposals.
Written copies of UNOPS’s response (including an explanation of the query but without identifying
the source of inquiry) will be sent to all prospective Bidders that have received the solicitation
documents. Oral explanations or instructions provided by UNOPS shall not be binding on UNOPS,
except to the extent confirmed in writing by the UNOPS contact person.
11.2. UNOPS will endeavour to provide the above clarifications expeditiously, but any delay in providing
such information will not be considered a reason for extending the submission date of a proposal.
12. AMENDMENT OF SOLICITATION DOCUMENTS
12.1. At any time prior to the deadline for submission of proposals, UNOPS may, whether at its own
initiative or in response to a clarification requested by a prospective Bidder, modify the solicitation
documents by amendment. All prospective Bidders that have received the solicitation documents
RFP UNOPS-78A-2009 – Re-advertisement 8 of 42
will be notified in writing of any amendments to the solicitation documents or in case of an open
tender, amendments will be posted on the UNOPS website under the respective business
opportunity. All suppliers that intend to submit a proposal are advised to monitor the concrete
tender notice on the UNOPS website for any amendments.
12.2. In order to afford prospective Bidders reasonable time to take the amendments into account in
preparing their proposals, UNOPS may, at its discretion, extend the deadline for the submission of
proposals.
13. CORRECTION OF PROPOSALS
13.1. Erasures or other corrections in a submitted Proposal must be explained and with the signature of
the Supplier shown alongside.
14. MODIFICATION AND WITHDRAWAL OF PROPOSALS
14.1. All changes to a Proposal must be received prior to the closing time and date. It must be clearly
indicated that it is a modification and supersedes the earlier Proposal, or state the changes from the
original Proposal.
14.2. Proposals may be withdrawn on written, emailed or faxed request received from the Supplier prior
to the opening time and date. Negligence on the part of the Supplier confers no right for the
withdrawal of the Proposal after it has been opened.
15. VALIDITY OF PROPOSALS
15.1. Proposals should be valid for a period of not less than 90 days after RFP opening, unless otherwise
specified in the General Terms and Conditions. Suppliers are requested to indicate the validity
period of their Proposal. UNOPS may also request the validity period to be extended.
16. PAYMENTS
16.1. UNOPS' general policy is to pay for the performance of contractual services rendered or to effect
payment upon the achievement of specific milestones described in the contract. Please refer to
section 3.4 of the Model Contract for Services that is enclosed as Annex VIII.
16.2. Please note that UNOPS' policy is not to grant advance payments except in unusual situations where
the potential contractor, whether a private firm, NGO or a government or other entity, specifies in
the proposal that there are special circumstances warranting an advance payment. UNOPS, at its
discretion, may however determine that such payment is not warranted or determine the conditions
under which such payment would be made. In any case where an advance payment for $50,000 or
more is requested and subsequently approved, UNOPS will normally require a bank guarantee or
other suitable security arrangement.
16.3. Any request for an advance payment is to be justified and documented and must be submitted with
the financial proposal. This justification shall explain the need for the advance payment, itemize the
amount requested and provide a time-schedule for utilization of said amount. In addition, you must
submit documentation regarding your financial status - e.g. audited financial statements at 31
RFP UNOPS-78A-2009 – Re-advertisement 9 of 42
December of the previous year and include this documentation with your financial proposal. Further
information may be requested by UNOPS at the time of finalizing contract negotiations with the
selected proposer.
16.4. UNOPS is a tax exempt entity. Proposals must be submitted net of any direct taxes or customs
duties.
17. DISCOUNTS
17.1. Discounts for prompt payment are acceptable to UNOPS. Time in connection with discounts
offered will be computed from the date of receipt at UNOPS office of all PAYMENT
DOCUMENTATION as specified in the Contract. Discounts for any reason other than those
mentioned on the RFP Form must be stated on the Proposal. Payment discounts will not be
considered in the financial evaluation.
18. QUALITY ASSURANCE
18.1. If the Supplier is already quality certified, or in the process of being quality certified (for example,
ISO 9001/9002 certified), this should be clearly indicated in the Proposal and a copy of the
Certificate attached to the Proposal.
19. RIGHTS OF UNOPS
19.1. UNOPS reserves the right to INVALIDATE any Proposal for reasons mentioned above, and, unless
otherwise specified by UNOPS or by the Supplier, to accept any item in the Proposal.
19.2. UNOPS reserves the right to INVALIDATE any Proposal received from a Supplier who, in the
opinion of UNOPS, is not in a position to perform the contract.
20. EVALUATION OF PROPOSALS
20.1. Clarification of Proposals: To assist in the examination, evaluation and comparison of proposals,
UNOPS may at its discretion, ask the Bidder for clarification of its proposal. The request for
clarification and the response shall be in writing and no change in price or substance of the proposal
shall be sought, offered or permitted.
20.2. Preliminary Examination: Prior to the detailed evaluation of each proposal UNOPS will
undertake a preliminary examination and proposals will not be considered for further evaluation in
cases where:
(a) They are incomplete (i.e. does not include all required documents as specified in Paragraph 4
above: Content of the proposal)
(b) The Bidder is not eligible as per Paragraph 8 above: Eligible Bidders
(c) The original proposal has not been properly signed
RFP UNOPS-78A-2009 – Re-advertisement 10 of 42
(d) The validity of the proposal is not in accordance with the requirements of the RFP as
specified in Paragraph 15 above: Proposal validity)
(e) Technical and financial documents have not been submitted in separate sealed envelopes
and/or pricing information is included in the technical proposal envelope.
20.3. Evaluation Criteria: A two-stage procedure will be utilised in evaluating the proposals, with
evaluation of the technical component being completed prior to any price component being opened
and compared. The total number of points which a firm/institution may obtain for both
components is as follows:
Technical Proposal: 80 Points
Financial Proposal: 20 Points
Total number of points: 100 Points
21. EVALUATION OF TECHNICAL PROPOSAL
21.1. The technical proposal will be evaluated on the basis of its responsiveness to the TORs. The quality
of each technical proposal will be evaluated in accordance with the following technical evaluation
criteria and the associated weighting. The total possible number of points is 80:
a) the firm/institution's general reliability as well as experience and capacity in the specific
field of the assignment (10 points);
b) suitability of the approach and methodology including reasonableness of proposed
comments, modifications and assumptions to the TORs, the degree of innovation in
approach and methodology and appropriateness of team composition and work plan: 35
points;
c) the qualifications, competence and suitability of the personnel proposed for the assignment
for a total of 35 points. The personnel will be rated in accordance with:
their general qualifications (17.5 points)
suitability for the assignment (17.5 points)
21.2. A proposal shall be rejected at this stage if it fails to meet the minimum technical threshold of 70%
of the obtainable score of 80 points for the technical proposal, i.e. 56 points.
21.3. After the technical evaluation has been completed, UNOPS shall inform those Suppliers whose
proposals did not meet the minimum qualifying mark and are therefore considered non responsive
to the RFP and Terms of Reference. The Financial Proposals of these suppliers will not be opened
and will be discarded by the Proposal Opening Committee.
22. EVALUATION OF FINANCIAL PROPOSAL
22.1. For comparison and evaluation purposes, UNOPS will convert the proposal amount into USD at the
official UN rate of exchange in force on the date of the proposal submission deadline. The Price
Component will be opened only for those firms/institutions whose Technical Component meets the
RFP UNOPS-78A-2009 – Re-advertisement 11 of 42
minimum technical threshold of 70% of the obtainable score of 80 points for the technical proposal.
Proposals scoring the above threshold shall be checked for any arithmetic errors in computation and
summation. Any arithmetical errors are corrected without prejudice to the Bidder as follows:
where there is a discrepancy between the unit rate and the total amount derived from the
multiplication of the unit rate by the corresponding quantity, the unit rate shall prevail and
the total amount shall be corrected, unless in the opinion of UNOPS there is an obvious
error in the unit rate, in which event the total amount as quoted shall prevail and the unit
rate shall be corrected.
If there is a discrepancy between words and figures the amount in words will prevail.
Amounts corrected in this way shall be binding on the Bidder. If the Bidder does not accept them,
its proposal shall be rejected.
The maximum number of points for the price component is [20]. This maximum number of points will be
allocated to the lowest price proposal. All other price proposals will receive points in inverse proportion
according to the following formula:
Points for the financial proposal being evaluated =
[Maximum number of points for the financial proposal] x [Lowest price]
[Price of proposal being evaluated]
A total score obtained including both technical and financial proposals is calculated for each offer.
The offer obtaining the overall highest score is the winning offer. This offer is considered to be
the most responsive to the needs of UNOPS and activity concerned.
The total number of points which a firm/institution may obtain for both components is 100 points.
23. ERROR IN PROPOSAL
23.1. Suppliers are expected to examine all Schedules and all Instructions pertaining to the RFP. Failure
to do so will be at Suppliers own risk. In case of errors in the extension price, unit price shall
govern.
24. RFP TERMS AND CONDITIONS
24.1. This RFP and any responses thereto, shall be the property of UNOPS. In submitting a proposal, the
Supplier acknowledges that UNOPS reserves the right to:
(a) Visit and inspect the Supplier’s premises;
(b) Contact any/all referees provided;
(c) Request additional supporting or supplementary information;
(d) Arrange interviews with the proposed project team/Suppliers;
(e) Reject any/all of the proposals submitted;
(f) Accept any proposals in whole or in part;
RFP UNOPS-78A-2009 – Re-advertisement 12 of 42
(g) Award contracts to more than 1 Supplier, if UNOPS considers this to be in its best interests.
24.2. Suppliers shall bear all costs associated with the preparation and submission of proposals as well as
response to RFQ’s, and UNOPS shall not be responsible for these costs, irrespective of the outcome
of the bidding process.
24.3. Please note that the UNOPS is not bound to select any of the firms/institutions submitting
proposals. Furthermore, since a contract will be awarded in respect of the proposal which is
considered most responsive to the needs of the project concerned, due consideration being given to
UNOPS's general principles, including economy and efficiency, UNOPS does not bind itself in any
way to select the firm/institution offering the lowest price.
25. BID PROTEST
25.1. Information regarding Bid Protest can be found on the UNOPS website, using the following link:
http://www.unops.org/english/whatwedo/procurement/Pages/Procurementpolicies.aspx or by
navigating to ‘What we do’, select ‘Procurement’ and finally click ‘Procurement Policies’.
26. AFTER RECEIPT OF THIS RFP
26.1. We would appreciate your informing us by e-mail (pieterv@unops.org) or by fax (+45 3546 7508)
as to:
a) Your receipt of this letter request for competitive proposals.
b) Whether or not you will be submitting a proposal.
c) The date and mode of submission, in case you decide to submit a proposal.
27. MANDATORY REQUIREMENT FOR DOING BUSINESS WITH UNOPS
27.1. As a condition of doing business with UNOPS it is necessary that vendors, their subsidiaries,
agents, intermediaries and principals cooperate with the Office of Internal Oversight Services
(OIOS) of the United Nations in its investigations, as and when required. Such cooperation shall
include, but not be limited to, the following: access to all employees, representatives, agents and
assignees of the vendor; as well as production of all documents requested, including financial
records. Failure to fully cooperate with investigations will be considered sufficient grounds to allow
UNOPS to repudiate and terminate the contract, and to debar and remove the vendor from
UNOPS’s list of registered vendors.
RFP UNOPS-78A-2009 – Re-advertisement 13 of 42
Content of Proposals
Your proposal shall comprise the following documents:
(a) Proposal Submission Form (see Annex II);
(b) Technical Component; and
(c) Financial Component
The agencies should prepare their submission as follows:
28. TECHNICAL COMPONENT
The technical component of your proposal should be concisely presented and structured in the
following order to include, but not necessarily be limited to, the following information:
Technical Proposal Submission Form (Annex V)
Description of the Firm and the Firm's Qualifications
a) A brief description of your firm/institution’s capability to provide the services, including:
Information that will facilitate our evaluation of your firm/institution’s substantive
reliability, financial and managerial capacity to provide the required services:
Names and contact details of relevant references who can provide an objective
assessment of the financial and service qualifications of your firm/institution.
b) An outline of recent experience using the template in Annex VI
If possible, please indicate at least five clients that have been serviced in the last three years,
with a brief description of the nature and extent of the services rendered..
Information shall be provided for all companies/institutions that your firm may wish to
associate with or sub-contract for completion of the assignment.
Understanding of the Requirements for Services, including Assumptions
Your understanding should include the following:
a) An explanation of the risks and assumptions that may affect the execution of the assignment,
including a description of your proposed risk mitigation actions/strategies.
b) Any comments or modifications of importance you would propose to the TOR for the
successful execution of the assignment, in particular its objectives and expected results.
Innovativeness will be appreciated, including workable suggestions that could improve the
quality/effectiveness of the assignment.
RFP UNOPS-78A-2009 – Re-advertisement 14 of 42
c) Any comments on the data, counterpart staff, support services and facilities including office
space, local transportation, equipment etc. to be provided to the Bidder by UNOPS as
indicated in the Terms of Reference, or any other key issues related to the achievement of the
objectives and expected results that you may otherwise believe to be necessary.
Proposed Approach, Methodology, Timing and Outputs and Team Composition:
Any comments or suggestions on the TOR, as well as your detailed description of the manner in
which your firm/institution would respond to the TOR.
The detailed Approach and Methodology should include:
d) A thorough description of the approach proposed for the implementation of the assignment,
the proposed steps and anticipated results of each phase of the activities, a proper weighting
of the various areas of the project, and a timeframe/schedule of activities highlighting target
dates for the major stages of the review and delivery of the reports (Project Implementation
Plan). You should highlight the problems being addressed, and explain the technical
approach you would adopt to address them.
e) A detailed description of the proposed methodology for carrying out the activities and
obtaining the expected results. You should highlight the compatibility of those
methodologies with the proposed approach.
f) A description of the inputs/resources (team of experts, facilities etc) required to achieve the
expected results.
g) Proposed Team Structure
Should your proposal include more than one person, you should describe the structure and
composition of your team, including support staff, which you would propose to provide,
and the work tasks and responsibilities (including supervisory) which would be assigned to
each. An organigram illustrating the reporting lines, together with a description of such
organisation of the team structure, should support your proposal.
h) Proposed Project Team Members
The curriculum vitae of all members of the consulting team. In particular relevant
experience in similar projects should be highlighted.
i) Work Plan and Staffing Schedule
a) The timing, sequence and duration of the proposed activities including a bar chart
illustrating milestones and delivery dates in the execution of the assignment. The
proposed work plan should be consistent with the technical approach and
methodology, showing understanding of the TOR and ability to translate them into a
feasible working plan. A list of the final documents, including reports, drawings,
tables etc. to be delivered as final output, should be included here.
b) A staffing schedule indicating the expected number of person working days (PWDs)
required from each category of expert during the period of execution of the assignment
and the proposed timing of each input for each proposed expert, should be included in
your technical proposal. You should include a table providing details of the number of
working days for each proposed consultant spent at the home office and working days
spent on mission in and outside Iraq, and the number of travel days.
RFP UNOPS-78A-2009 – Re-advertisement 15 of 42
As the technical evaluation is completed and signed before the price proposals are opened, it
is extremely important that all information of relevance to the technical evaluation be
included in the technical proposal.
29. FINANCIAL COMPONENT
Your separate price component must contain an overall, firm and final quotation in a single
currency, either in US Dollars or in any convertible currency. If you opt for the latter, and for
evaluation purposes only, your proposal will be converted into US Dollars using the United Nations
rate of exchange in effect on the date submissions are due.
The contract will be signed on a FIXED PRICE basis. The financial proposal shall include all
costs involved for completion of the assignment. No amount other than the proposed total
fixed price shall be paid for the provision of the services related to the present Request for
Proposals.
The financial proposal shall contain the Financial Proposal Submission Form (Annex VII).
In preparing your proposal, please note carefully from the model contract (Annex VIII) the various
contract provisions regarding UNOPS policies on limitations on advance payments, retention,
performance bonds, etc. You should include any comments or reservations to the draft form
contract, attached in Annex VIII, in your proposal.
The financial proposal must cover all the services to be provided and must itemize the following:
a) An all-inclusive rate per person-day (including honorarium and living expenses) for each
person to be assigned to this assignment and a rate for his/her work at the home office, if
any.
b) An all-inclusive amount for international travel and related expenses (indicating number of
round trips per person).
c) An all-inclusive amount for local travel.
d) Other costs, if any (indicating nature and breakdown).
e) Summary of total cost for the services proposed. [N.B.: The remuneration received by
your firm and persons performing services for your firm/institution (other than nationals of
the host country) normally will not be subject to tax liability in the host country].
f) A proposed schedule of payments, all of which must be expressed and will be effected in
the currency of the proposal.
RFP UNOPS-78A-2009 – Re-advertisement 16 of 42
Annex I – Terms of Reference
Exploration of Broad banding and rewards and sanctions policy – pilot exercise
Background
The United Nations Office for Project Services (UNOPS) provides project management, procurement and
support services to United Nations agencies, international financial institutions, governments and non-
governmental organizations. UNOPS is a self-financing entity, with some 1,000 core staff and thousands
of consultants around the world, global headquarters in Copenhagen, Denmark and a decentralized
network of five regional offices and over 20 operations and project centres.
Project background
In 2008, UNOPS Change Programme was launched as an instrumental measure for focusing and aligning
corporate effort towards realizing UNOPS’ strategic vision of becoming “a world-class organization”.
The Change Programme is designed to drive organizational change across five key areas – including the
Invest in our People project, to nurture talent and motivation within the organization. More specifically,
this project aims to improve the recruitment and retention of talent within the organization.
UNOPS status as a self-financing entity within the United Nations Common System (UNCS) is unique.
As a self-financing client services organisation, the human capital of UNOPS is its greatest asset – our
people are our competitive advantage. As an organisation we are driven by client needs, cost efficiencies
and a high performance, hard-working ethos. The commitment and engagement of UNOPS workforce is
critical in order for us to meet business needs.
The nature of UNOPS business is driven by projects of shorter and longer durations, requiring the
recruitment of staff on project limited contracts, using pools of management and technical expertise for
limited periods and engaging experts in our core business areas, including procurement, project
management, physical infrastructure, public order and security, census and elections, health and
environment. The effective recruitment and retention of this expertise, and the ability to support and
reward excellent performance is critical for the future success of UNOPS.
It has become evident that the traditional HR frameworks do not provide enough flexibility for UNOPS
business requirements, which need to adapt to the changing business environment. Traditional policies
regarding job evaluation, post grading, contracting and budgeting do not provide the flexibility needed by
UNOPS to support its business model and UNOPS is seeking opportunities to pilot more flexible
approaches with the introduction of pay for performance and broad banding. Such approaches align more
closely with the needed flexibility inherent in the UNOPS business model.
In recognition of UNOPS distinct operating model, the organization’s newly approved financial rules and
regulations allow UNOPS to address the unique business realities that it faces, including exploring
innovative practice in the area of performance management, broad-banding, performance related pay and
rewards and sanctions.
RFP UNOPS-78A-2009 – Re-advertisement 17 of 42
Objectives
The specific objectives of the exploration exercise are:
To understand the applicable models for broad-banding, specifically considering their application
in international development organizations and/ or public sector entities
To understand the mechanism and approaches for performance related pay
To determine the most appropriate broad-banding and performance related pay model for a pilot
exercise within UNOPS
To understand the organizational implications of implementation of a pilot exercise for broad-
banding, performance related pay and rewards and sanctions policy
To determine the financial implications of implementation of a pilot exercise for broad-banding
and rewards and sanctions policy.
To seek the input and support of the International Civil Service Commission (ICSC), and keep
them apprised of the pilot exercise, as and when required
Outputs
The product will provide the Invest in our People project with insight and recommendations for UNOPS,
through technical expertise, providing advice and a set of recommendations on the implementation
strategy for a pilot exercise for broad-banding, performance related pay and a rewards and sanctions
policy. The required deliverables comprise a report and a set of recommendations, with technical advice
and guidance and an approach for piloting broad-banding and performance related pay, within the UNCS.
The report should include the following areas:
Presentation of relevant broad-banding and performance related pay models
A feasibility study for broad banding and performance related pay models within UNOPS,
including, if applicable, recommendations for the most appropriate model for UNOPS pilot
exercise, together with policy recommendations
A proposal for UNOPS rewards and sanctions policy
An outline of the financial considerations and implications
An outline of the implications on UN benefits and entitlements
An outline of the implications for performance management within the organization
An implementation strategy, for the pilot exercise, which shall include a breakdown of the key
stages, timeframes, internal and external communications, and outline of the resource
requirements.
The development of a business case and communications approach to engage with and inform the
International Civil Service Commission (ICSC), as and when required.
The exploration will be conducted by the Consultant(s), who will be guided by the Executive Office,
specifically by the Project Manager, Invest in our People, Change Programme, and the Deputy Executive
Director.
RFP UNOPS-78A-2009 – Re-advertisement 18 of 42
Inputs
UNOPS will provide the Consultant(s) with relevant background information on the organization,
including information on UNOPS staffing model and contractual modalities and a copy of the current
draft Rewards and Sanctions policy.
The Consultant(s) should provide all the necessary expertise to complete the assignment. The
Consultant(s) is expected to have significant prior experience in this field at a senior level and should
apply a highly objective, transparent, fair and culturally unbiased assessment. The Consultant(s) should
ensure that a cost efficient approach is taken.
The Consultant(s) should possess the following experience, skills and expertise:
An advanced university degree in Public Administration, Management, Human Resources or
related field.
At least 10 years of experience in Human Resources, at a senior level, including experience with
broad banding, compensation strategy and organizational design in an international context
Detailed knowledge of and experience working with the UN Common System and with the
International Civil Service Commission (ICSC) is essential
Detailed knowledge of the UN salary system, compensation policies, and related benefits and
entitlements (including United Nations Joint Staff Pension fund - UNJSPF)
The ability to influence and negotiate at a senior level
The ability to advocate on behalf of the organisation
Fluency in English; excellent writing skills in English;
Location of assignment
The assignment may be performed off-site, but should include two days at UNOPS Headquarters,
Copenhagen, Denmark. There is a possibility for one or two visits to New York.
Timing
The assignment is scheduled to be completed no later than 31st October 2009.
Reporting
The Consultant(s) will update and brief the Project Manager following every phase on the progress of the
report. The final report will be submitted both electronically and with two (2) hard copies. The report
must be submitted in English.
Please contact Pieter Verhoog (PieterV@unops.org) for further information and/or clarification. Please
note that any answers we provide to your questions may be provided to all firms participating in this RFP.
RFP UNOPS-78A-2009 – Re-advertisement 19 of 42
Annex II – Proposal Form
This PROPOSAL FORM must be completed, signed and returned to UNOPS. Proposal must be made in
accordance with the instructions contained in this Request for Proposal (RFP).
TERMS AND CONDITIONS OF CONTRACT
Any Contract resulting from this RFP shall contain the “General Conditions for UNOPS Contracts for
Professional Services” together with specific terms and conditions as detailed herein.
INFORMATION
Any request for information concerning this invitation, must be forwarded in writing by email or by fax,
to the person(s) who prepared this document, with specific reference to the RFP number.
DECLARATION
The undersigned, having read the General Conditions for Professional Services of the RFP for the
Exploration of Broad Banding and Rewards and Sanctions Policy, ref.: UNOPS-78A-2009, set out in the
attached document, hereby offers to provide the services specified in the schedule at the price or prices
quoted, in accordance with the specifications stated and subject to the Terms and Conditions set out or
specified in the document.
Name of authorized representative: ____________________________________
Title: ____________________________________
Signature: ____________________________________
Date: ____________________________________
Supplier Name: ____________________________________
Postal Address: ____________________________________
Telephone No.: ____________________________________
Fax No.: ____________________________________
Email Address: ____________________________________
Validity of Offer (not less than 90 days): ____________________________________
Currency of Offer: ____________________________________
Please indicate after having read UNOPS Payment & Discount stated under Instructions to Suppliers,
which of the following payment terms are offered by you:
10 days 3.0% ____ 15 days 2.5%____ 20 days 2.0%____ 30 days net_____ Other________
RFP UNOPS-78A-2009 – Re-advertisement 20 of 42
Annex III – Statement Of Exclusivity And Availability
Case no: UNOPS – 78A – 2009
I, the undersigned, hereby declare that I agree to participate exclusively with the Bidder [insert Bidder
name] in the above-mentioned tender. I further declare that I am able and willing to work for the
period(s) foreseen for the position for which my CV has been included in the event that this tender is
successful, namely:
From To
[start of period 1] [end of period 1]
[start of period 2] [end of period 2]
[etc]
I confirm that I am not engaged in other projects in a position for which my services are required during
the periods where my services are required under this tender.
By making this declaration, I understand that I am not allowed to present myself as a candidate to any
other Bidder submitting a proposal for this RFP. I am fully aware that if I do so, I will be excluded from
this tender, the tenders may be rejected, and I may also be subject to exclusion from other UNOPS tender
procedures and contracts.
Furthermore, should this proposal be successful, I am fully aware that if I am not available at the
expected start date of my services for reasons other than ill-health or force majeure, I may be subject to
exclusion from UNOPS other tenders and contracts and that the notification of award of contract to the
Bidder may be rendered null and void.
Name
Signature
Date
RFP UNOPS-78A-2009 – Re-advertisement 21 of 42
Annex IV – Joint Venture / Consortium / Association Information Form
To be completed and returned with your proposal if the proposal is submitted as a Joint
Venture/Consortium/Association
JV / Consortium/ Association Information
Name
Names of each partner and
contact information
(address, telephone numbers,
fax numbers, e-mail address)
Name of leading partner
(with authority to bind the
JV, Consortium, Association
during the Bidding process
and, in the event a contract
is awarded, during contract
execution)
Proposed proportion of
responsibilities between
partners (in %) with
indication of the type of
the Works to be performed
by each
Signatures of all partners of the JV:
We hereby confirm that, if the contract is awarded, all parties of the Joint Venture/Consortium/Association shall be jointly and
severally liable to UNOPS for the fulfillment of the provisions of the Contract.
Name of partner: ______________________________ Name of partner: ____________________________
Signature: ____________________________________ Signature: _________________________________
Date: _______________________ Date: ________________________
Name of partner: ______________________________ Name of partner: ____________________________
Signature: ____________________________________ Signature: _________________________________
Date: _______________________ Date: ________________________
RFP UNOPS-78A-2009 – Re-advertisement 22 of 42
Annex V – Technical Proposal Submission Form
[Location, Date]
To: UNOPS
We offer to provide the consulting services for the Exploration of Broad Banding and Rewards and
Sanctions Policy, in accordance with your Request for Proposal No. UNOPS-78A-2009 dated Wednesday
16 September 2009 and our Proposal. We submit our Proposal, which includes this Technical Proposal,
and a Financial Proposal sealed under a separate envelope as per instructions outlined in “Instructions to
Suppliers”.
We confirm that all the information and statements made in this Proposal are true and accept that
any misinterpretation contained in it may lead to our disqualification.
Our Proposal is binding upon us and subject to the modifications resulting from Contract
negotiations.
We undertake, if our Proposal is accepted, to initiate possible consulting services related to the
assignment not later than [Insert Date].
We understand you are not bound to accept any Proposal you receive.
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
RFP UNOPS-78A-2009 – Re-advertisement 23 of 42
Annex VI – Assignment Template
[Using the format below, provide information on a maximum of 5 assignments of a similar nature you are
offering and for which your company within the last 3 years, was legally contracted to conduct.]
Assignment name: Name of Client:
Geographical Coverage Duration of assignment (months):
Address: Approx. value of the contract (in current US$ or Euro):
Start date (month/year): No of professional staff-months provided by associated
Completion date (month/year): Suppliers:
Name of associated Suppliers, if any: Name of senior professional staff of your firm
involved and functions performed (indicate most
significant profiles such as Project
Director/Coordinator, Team Leader):
Narrative description of Project:
Description of actual services provided by your staff within the assignment:
RFP UNOPS-78A-2009 – Re-advertisement 24 of 42
Annex VII – Financial Proposal Submission Form
[Location, Date]
To: UNOPS
We offer to provide the consulting services for the Exploration of Broad Banding and Rewards and
Sanctions Policy, in accordance with your Request for Proposal No. UNOPS-78A-2009 dated Wednesday
16 September 2009 and our Technical Proposal. Our attached Financial Proposal is exclusive of any
local taxes, for which UNOPS is exempted.
Our Financial Proposal shall be binding upon us subject to any modifications which may result
from negotiations, up to expiration of the validity period of the Proposal.
We understand you are not bound to accept any Proposal you receive.
Yours sincerely
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
RFP UNOPS-78A-2009 – Re-advertisement 25 of 42
Annex VIII – Sample Contract for Services
Date _____________
Dear Sir/Madam,
Ref.:______/ _______/ ______[INSERT PROJECT NUMBER AND TITLE]
The United Nations Office for Project Services (hereinafter referred to as "UNOPS"), wishes to engage
your [company/organization/institution], duly incorporated under the Laws of [INSERT NAME OF
THE COUNTRY] (hereinafter referred to as the "Consultant")in order to perform consulting services in
respect of [INSERT SUMMARY DESCRIPTION OF THE SERVICES] (hereinafter referred to as
the "Services"), in accordance with the following Contract:
1. Contract Documents
1.1 This Contract is subject to the UNOPS General Conditions for Professional Services, [INSERT
THE CURRENT VERSION NUMBER AND DATE FROM THE DOCUMENT
LIBRARY], attached hereto as Annex I. The provisions of such Annex shall control the
interpretation of this Contract and in no way shall be deemed to have been derogated by the
contents of this letter and any other Annexes, unless otherwise expressly stated under section 4 of
this letter, entitled "Special Conditions".
1.2 The Consultant and UNOPS also agree to be bound by the provisions contained in the following
documents, which shall take precedence over one another in case of conflict in the following
order:
a) this letter;
b) the Statement of Work [ref. ......dated........], attached hereto as Annex II;
c) the Consultant's technical proposal [ref......, dated ........], as clarified by the agreed minutes of
the negotiation meeting [dated........], both documents not attached hereto but known to and in the
possession of both parties.
1.3 All the above shall form the Contract between the Consultant and UNOPS, superseding the
contents of any other negotiations and/or agreements, whether oral or in writing, pertaining to the
subject of this Contract.
2. Obligations of the Consultant
2.1 The Consultant shall perform and complete the Services described in Annex II with due diligence
and efficiency and in accordance with the Contract.
RFP UNOPS-78A-2009 – Re-advertisement 26 of 42
2.2 The Consultant shall provide the services of the following key personnel:
Name Specialization Nationality Period of service
.... ............. ........... ..................
.... ............. ........... ..................
2.3 Any changes in the above key personnel shall require prior written approval of the Chief, [.....]
Division, UNOPS.
2.4 The Consultant shall also provide all technical and administrative support needed in order to
ensure the timely and satisfactory performance of the Services.
2.5 The Consultant shall submit to UNOPS the deliverables specified hereunder according to the
following schedule:
[LIST DELIVERABLES] [INDICATE DELIVERY DATES]
e.g.
Progress report ../../....
............... ../../....
Final report ../../....
2.6 All reports shall be written in the English language, and shall describe in detail the services
rendered under the Contract during the period of time covered in such report. All reports shall be
transmitted by the Consultant by [MAIL, COURIER AND/OR FAX] to the address specified in
9.1 below.
2.7 The Consultant represents and warrants the accuracy of any information or data provided to
UNOPS for the purpose of entering into this Contract, as well as the quality of the deliverables
and reports foreseen under this Contract in accordance with the highest industry and professional
standards.
OPTION 1 (FIXED PRICE)
3. Price and Payment
3.1 In full consideration for the complete and satisfactory performance of the Services under this
Contract, UNOPS shall pay the Consultant a fixed contract price of [INSERT CURRENCY &
AMOUNT IN FIGURES AND WORDS].
3.2 The price of this Contract is not subject to any adjustment or revision because of price or currency
fluctuations or the actual costs incurred by the Consultant in the performance of the Contract.
3.3 Payments effected by UNOPS to the Consultant shall be deemed neither to relieve the Consultant
of its obligations under this Contract nor as acceptance by UNOPS of the Consultant's
performance of the Services.
RFP UNOPS-78A-2009 – Re-advertisement 27 of 42
3.4 UNOPS shall effect payments to the Consultant after acceptance by UNOPS of the invoices
submitted by the Consultant to the address specified in 9.1 below, upon achievement of the
corresponding milestones and for the following amounts:
MILESTONE AMOUNT TARGET DATE
Upon..... ...... ../../....
......... ...... ../../....
OPTION 2 (COST REIMBURSEMENT)
3. Price and payment
3.1 In full consideration for the complete and satisfactory performance of the Services under this
Contract, UNOPS shall pay the Consultant a price not to exceed [INSERT CURRENCY &
AMOUNT IN FIGURES AND WORDS].
3.2 The amount contained in 3.1 above is the maximum total amount of reimbursable costs under this
Contract. The Breakdown of Costs in Annex [INSERT ANNEX NUMBER] contains the
maximum amounts per cost category that are reimbursable under this Contract. The Consultant
shall reflect in his invoices the amount of the actual reimbursable costs incurred in the
performance of the Services.
3.3 The Consultant shall not do any work, provide any equipment, materials and supplies, or perform
any other services which may result in any costs in excess of the amount under 3.1 or of any of
the amounts specified in the Breakdown of Costs for each cost category without the prior written
agreement of the Chief, [.....] Division, UNOPS.
3.4 Payments effected by UNOPS to the Consultant shall be deemed neither to relieve the Consultant
of its obligations under this Contract nor as acceptance by UNOPS of the Consultant's
performance of the Services.
3.5 The Consultant shall submit invoices for the work done every [INSERT PERIOD OF TIME
OR MILESTONES].
OR
3.5. The Consultant shall submit an invoice for [INSERT AMOUNT AND CURRENCY OF THE
ADVANCE PAYMENT IN FIGURES & WORDS] upon signature of this Contract by both
parties and invoices for the work done every [INSERT PERIOD OF TIME OR
MILESTONES].
3.6 Progress and final payments shall be effected by UNOPS to the Consultant after acceptance of the
invoices submitted by the Consultant to the address specified in 9.1 below, together with whatever
supporting documentation of the actual costs incurred is required in the Breakdown of Costs or
may be required by UNOPS. Such payments shall be subject to any specific conditions for
reimbursement contained in the Breakdown of Costs.
RFP UNOPS-78A-2009 – Re-advertisement 28 of 42
4. Special conditions
4.1 The advance payment to be made upon signature of the contract by both parties is contingent
upon receipt and acceptance by UNOPS of a bank guarantee for the full amount of the advance
payment issued by a Bank and in a form acceptable to UNOPS.
4.2 The amounts of the payments referred to under section 3.6 above shall be subject to a deduction
of [INSERT PERCENTAGE THAT THE ADVANCE REPRESENTS OVER THE TOTAL
PRICE OF THE CONTRACT] % (... percent) of the amount accepted for payment until the
cumulative amount of the deductions so effected shall equal the amount of the advance payment.
4.3 Owing to [..........................], Article(s) [.........] of the General Conditions in Annex I shall be
amended to read/be deleted.
OR
4.1 No special conditions shall apply.
5. Submission of invoices
5.1 An original invoice shall be submitted by mail by the Consultant for each payment under the
Contract to the following address:
...................
...................
...................
5.2 Invoices submitted by fax shall not be accepted by UNOPS.
6. Time and manner of payment
6.1 Invoices shall be paid within thirty (30) days of the date of their receipt and acceptance by
UNOPS.
6.2 All payments shall be made by UNOPS to the following Bank account of the Consultant:
[NAME OF THE BANK]
[ACCOUNT NUMBER]
[ADDRESS OF THE BANK]
7. Entry into force. Time limits.
7.1 The Contract shall enter into force upon its signature by both parties.
7.2 The Consultant shall commence the performance of the Services not later than INSERT DATE]
and shall complete the Services within [INSERT NUMBER OF DAYS OR MONTHS] of such
commencement.
7.3 All time limits contained in this Contract shall be deemed to be of the essence in respect of the
performance of the Services.
RFP UNOPS-78A-2009 – Re-advertisement 29 of 42
8. Modifications
8.1 Any modification to this Contract shall require an amendment in writing between both parties
duly signed by the authorized representative of the Consultant and the Chief, [.....] Division,
UNOPS.
9. Notifications
9.1 For the purpose of notifications under the Contract, the addresses of UNOPS and the Consultant
are as follows:
For the UNOPS:
[INSERT NAME OF DIVISION CHIEF]
Chief
[......] Division
United Nations Office for Project Services
Midtermolen 3
2100 Copenhagen, Denmark
Ref.______/______/______
[INSERT CONTRACT REFERENCE & NUMBER]
Telex: __________________
Fax: __________________
Cable: __________________
For the Consultant:
[Insert Name, Address and Telex, Fax and Cable Numbers]
RFP UNOPS-78A-2009 – Re-advertisement 30 of 42
If the above terms and conditions meet with your agreement as they are typed in this letter and in the
Contract Documents, please initial every page of this letter and its attachments and return to this office
one original of this Contract, duly signed and dated.
Yours sincerely,
[INSERT NAME OF THE DIVISION CHIEF]
[......] Division
For [Insert name of the company/organization]
Agreed and Accepted:
Signature ____________________________
Name ____________________________
Title ____________________________
Date ____________________________
RFP UNOPS-78A-2009 – Re-advertisement 31 of 42
GENERAL CONDITIONS
FOR UNOPS CONTRACTS FOR PROFESSIONAL SERVICES
Table of Contents
Articles General Conditions
1 - Independent Consultant
2 - Consultant's General Responsibilities
3 - Assignment of Personnel
4 - Removal of Personnel
5 - Workmen's Compensation and other Insurance
6 - Encumbrances
7 - Source of Instruction
8 - Prohibition of Conflicting Activities
9 - Officials not to Benefit
10 - Subcontracting
11 - Assignment
12 - Records, Accounts, Information and Audit
13 - Language, Weights and Measures
14 - Title to Equipment or Property
15 - Confidential Nature of Documents
16 - Use of Name, Emblem or Official Seal of the UN and UNOPS
17 - Copyright, Patents and Other Proprietary Rights
18 - Amendments
19 - Force Majeure
20 - Suspension by UNOPS
21 - Additional Rules relating to Suspension
22 - Termination by UNOPS
23 - Termination by the Consultant
24 - Other Rights and Remedies of UNOPS
25 - Bankruptcy
26 - Facilities, Exemptions, Privileges and Immunities of Consultant
and Consultant's Personnel
27 - Indemnification
28 - Good Faith
29 - Settlement of Disputes
30 - Privileges and Immunities
31 - Tax Exemption
32 - Form of Notice, Request, Statement or Approval
Annexes
A - Report of Non Expendable Equipment (ref. Article 14)
B - Facilities, Exemptions, Privileges and Immunities applicable to Consultants (ref. Article 26)
RFP UNOPS-78A-2009 – Re-advertisement 32 of 42
GENERAL CONDITIONS FOR UNOPS CONTRACTS FOR PROFESSIONAL SERVICES
Article 1 - Independent Consultant
Nothing contained in this Contract shall be construed as establishing or creating between the UNOPS and the Consultant the
relationship of master and servant, principal and agent or employer and employee; it being understood that the Consultant is an
independent contractor in relation to the UNOPS. No person engaged by the Consultant in connection with the performance of
any obligation under this Contract shall be regarded as an agent, servant, employee of the UNOPS, and the Consultant shall be
solely responsible for all claims by such persons arising out of or in connection with their engagement by the Consultant. The
Consultant shall inform such persons of the foregoing.
Article 2 - Consultant's General Responsibilities
1. The Consultant shall perform its obligations under this Contract with due diligence and efficiency and in conformity
with sound professional, administrative and financial practices.
2. The Consultant shall act at all times so as to protect, and not be in conflict with, the interests of the UNOPS, and shall
take all reasonable steps to keep all costs and expenses at a reasonable level.
3. The Consultant shall be responsible for work or services performed by its agents, servants, employees, subcontractors
and independent contractors in connection with this Contract. To this end, and without limiting the generality of the
foregoing, the Consultant shall select reliable persons who will perform effectively, respect local customs and
conform to the highest standards of professional, moral and ethical conduct.
4. The Consultant shall respect and abide by all applicable laws, regulations and ordinances of the country in which the
obligations under this Contract are to be performed, and shall take all reasonable measures to ensure that its agents,
servants, employees, subcontractors and independent contractors do so.
Article 3 - Assignment of Personnel
Other than persons specifically named in this Contract, no person shall be assigned by the Consultant to work or perform
services in connection with this Contract until after the Consultant has notified the UNOPS of the identity of such proposed
persons and has provided the UNOPS with their curricula vitae, and the UNOPS has notified the Consultant that the UNOPS
approves of such assignments.
Article 4 - Removal of Personnel
1. Upon notice by the UNOPS, the Consultant shall forthwith withdraw any person assigned to work or perform services
in connection with this Contract and shall assign new persons in accordance with the provisions of Article 3. Such
withdrawal or replacement shall not be a cause for suspension of the Contract.
2. Any costs or expenses resulting from any withdrawal or replacement of persons pursuant to paragraph 1 of this
Article 4 shall be borne by the Consultant.
Article 5 - Workmen's Compensation and other Insurance
1. The Consultant shall take out and maintain:
(a) all applicable workmen's compensation and liability insurance with respect to its agents, servants and
employees performing work or services in connection with this Contract;
(b) liability insurance in an appropriate amount for death, bodily injury or damage to property arising from the
operation of any vehicles, boats or airplanes or other equipment owned or leased by the Consultant or its
RFP UNOPS-78A-2009 – Re-advertisement 33 of 42
agents, servants, employees, subcontractors and independent contractors performing work or services in
connection with this Contract;
(c) comprehensive general liability insurance in an appropriate amount for all claims for death, bodily injury or
damage to property, including, but not limited to, products liability, arising from acts performed or
omissions committed by the Consultant, its agents, servants, employees, subcontractors and independent
contractors in connection with this Contract; and
(d) such other insurance as may be agreed upon between the UNOPS and the Consultant.
2. The Consultant shall ensure that all policies of insurance referred to above, other than for workmen's compensation,
shall name the UNOPS and, where appropriate, subcontractors and independent contractors concerned, as additional
insured parties.
3. Upon request by the UNOPS, the Consultant shall provide evidence, to the reasonable satisfaction of the UNOPS, of
the insurance referred to above and shall give the UNOPS reasonable advance notice of any proposed changes related
to such insurance.
4. The UNOPS undertakes no responsibility to provide life, health, accident, travel or any other insurance coverage
which may be necessary or desirable in respect of any persons performing services in connection with this Contract.
Article 6 - Encumbrances
The Consultant shall not cause or permit any lien, attachment or other encumbrance by any third party to be placed on file or
to remain on file in any public office or on file with the UNOPS against any monies due or to become due for any work done
or services rendered in connection with this Contract, or by reason of any claim or demand against the Consultant.
Article 7 - Source of Instructions
The Consultant, its agents, servants, employees, subcontractors and independent contractors, shall neither seek nor accept
instructions from any authority external to the UNOPS in connexion with the performance of their obligations under this
Contract, and shall refrain from any action which may adversely affect the UNOPS. The Consultant shall take all reasonable
measures to ensure that its agents, servants, employees, subcontractors and independent contractors comply with the
provisions of this Article.
Article 8 - Prohibition of Conflicting Activities
The Consultant and its personnel admitted into the country to perform services under this Contract shall not engage in any
conflicting business or other activity in the country in which the services are to be performed, or accept paid employment in
contravention with the laws of the country.
Article 9 - Officials not to Benefit
The Consultant warrants that no United Nations, UNOPS or Government official has been or will be, directly or indirectly,
offered or given any inducement or benefit in connection with this Contract or the award thereof.
Article 10 - Subcontracting
The Consultant shall engage no subcontractor to perform any work or services in connection with this Contract unless the
Consultant shall have notified the UNOPS of the identity of the proposed subcontractor and the UNOPS shall have notified the
Consultant of its approval of the engagement of the subcontractor. The approval by the UNOPS of the engagement of a
subcontractor shall not relieve the Consultant of any of its obligations under this Contract or from its responsibility for the
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work or services performed by the subcontractor. The terms of any subcontract shall be subject to and in conformity with the
provisions of this Contract. The term "subcontractor" includes any independent contractor or other person or entity with which
the Consultant enters into an association, affiliation or relationship of any form for the purposes of performing work or
services in connection with this Contract, other than an agent, servant or employee of the Consultant.
Article 11 - Assignment
The Consultant shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof or of any of the
Consultant's rights, claims or obligations under this Contract except after obtaining the prior written approval of the UNOPS.
Article 12 - Records, Accounts, Information and Audit
1. The Consultant shall maintain accurate and systematic records and accounts in respect of the performance of its
obligations under this Contract.
2. The Consultant shall furnish, compile and make available at all reasonable times to the UNOPS any records, accounts
or other information, oral or written, which the UNOPS may reasonably request in respect of the performance by the
Consultant of its obligations under this Contract.
3. The Consultant shall allow the UNOPS or its authorized agents to inspect and audit such records, accounts or other
information upon reasonable notice.
Article 13 - Language, Weights and Measures
Except as may otherwise be specified in this Contract, the English language shall be used by the Consultant in all written
communications to the UNOPS with respect to the performance of the obligations under this Contract and with respect to all
documents procured or prepared by the Consultant pertaining to such obligations. The metric system of weights and measures
shall be used in respect of all work and services performed in connection with this Contract.
Article 14 - Title to Equipment or Property
1. Title to all equipment and property furnished by the UNOPS for the purpose of this Contract shall rest with the
Funding Source and under the custody of UNOPS. The Consultant shall be responsible and accountable to UNOPS
for all equipment or property purchased with funds provided or to be reimbursed by the UNOPS. The Consultant
shall take all reasonable measures, including maintaining appropriate insurance, necessary to preserve such
equipment or property from loss or damage until returned to the duly authorized office of the UNOPS upon
completion of the work or services or termination of this Contract, or when no longer needed by the Consultant for
the purposes of this Contract. Such equipment or property shall be returned to the UNOPS in the same condition as
when made available to the Consultant, subject to normal wear and tear. The Consultant shall be liable to the
UNOPS for the loss of or damage to such equipment or property, except to the extent that the Consultant proves that
it took all reasonable measures to avoid the loss or damage.
2. The Consultant shall maintain an up-to-date and complete list of all equipment and property purchased by the
Consultant in connection with this Contract by using the UNOPS form, as set forth in Attachment A hereto. Upon
arrival of equipment or property at the Project site, the Consultant shall provide up-dated forms to the UNOPS and
copies thereof to the UNDP Resident Representative.
Article 15 - Confidential Nature of Documents
1. All maps, drawings, photographs, mosaics, plans, manuscripts, records, reports, recommendations, estimates,
documents and all other data (referred to hereinafter in this Article as "documents") compiled by or received by the
Consultant or its agents, servants, employees, subcontractors or independent contractors in connection with this
Contract shall be the property of the Funding Source, shall be treated as confidential and shall be delivered only to
duly authorized UNOPS officials on completion of work or services under this Contract or termination of the
Contract, or as may otherwise be required by the UNOPS.
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2. In no event shall the contents of such documents or any information known or made known to the Consultant by
reason of its association with the UNOPS be made known by the Consultant or its agents, servants, employees,
subcontractors or independent contractors to any unauthorized person without written approval of the UNOPS.
3. Subject to the provisions of this Article, the Consultant may retain a copy of documents produced by the Consultant.
4. The Consultant shall take all reasonable measures to ensure that its agents, servants, employees, subcontractors and
independent contractors comply with the provisions of this Article.
5. The obligations in this Article do not lapse upon termination of this Contract.
Article 16 - Use of Name, Emblem or Official Seal of the UN and UNOPS
The Consultant, its agents, servants, employees, subcontractors and independent contractors shall not advertise or otherwise
make public the fact that it is performing, or has performed, work or services for the UNOPS or the United Nations, or use the
name, emblem or official seal of the UNOPS or the United Nations or any abbreviation of the name of the UNOPS or the
United Nations in connection with its business for advertising purposes or for any other purposes. The Consultant shall take
all reasonable measures to ensure compliance with this provision by its agents, servants, employees, subcontractors, and
independent contractors. This obligation does not lapse upon termination of the Contract.
Article 17 - Copyright, Patents and Other Proprietary Rights
1. All intellectual property and other proprietary rights, including but not limited to patents, copyrights and trademarks,
in all countries, with regard to maps, drawings, photographs, mosaics, plans, manuscripts, records, reports,
recommendations, estimates, documents and other materials, (referred to hereinafter in this Article as "materials")
except pre-existing materials, publicly or privately owned, collected or prepared in consequence of or in the course of
the performance of this Contract, shall become the sole property of the Funding Source, which shall have the sole
right to publish the same in whole or in part and to adapt and use them as may seem desirable, and to authorize all
translations and extensive quotations therefrom. If the Consultant incorporates in its materials any previously
published or unpublished materials, it shall obtain permission for the publication, use and adaptation in any language
free of cost to the UNOPS/Funding Source from the persons in whom any existing copyrights therein may be vested
and produce evidence to the UNOPS/Funding Source of such permission.
2. The Consultant agrees that it will forthwith disclose and assign to the Funding Source all discoveries, processes, or
inventions, made or conceived in whole or in part by it alone or in conjunction with others relating to or arising out of
this Contract, and the said discoveries, processes, or inventions, shall become and remain the property of the Funding
Source, whether or not patent applications are filed thereon.
3. Upon request of the UNOPS/Funding Source and at its expense, the Consultant shall take all necessary steps, execute
all necessary documents and generally assist the Funding Source in securing such proprietary rights and transferring
them to the Funding Source in compliance with the requirements of the applicable law.
4. The obligations in this Article do not lapse upon termination of the Contract.
Article 18 - Amendments
No modification of or change in this Contract, waiver of any of its provisions or additional contractual provisions shall be
valid or enforceable unless previously approved in writing by the parties to this Contract or their duly authorized
representatives in the form of an amendment to this Contract duly signed by the parties hereto.
Article 19 - Force Majeure
1. "Force majeure" as used herein means acts of God, natural disasters, invasion or war (whether declared or not) and
other hostilities, revolution, rebellion, industrial disturbance, except where solely restricted to employees of the
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Consultant, insurrection or riot, commotion or other disorder, ionizing radiation or contamination by regular activity
from any nuclear fuel or waste, radio-active toxic explosives or other hazardous properties of any explosives, nuclear
assembly or nuclear components thereof, or other act, event or circumstance of a similar nature or force, arising from
circumstances beyond the control of the parties or which the parties could not reasonably be expected to have taken
into account at the time of the conclusion of this Contract and which or the consequences of which the parties could
not reasonably be expected to have avoided or overcome.
2. In the event of and as soon as possible after the occurrence of any cause constituting force majeure which renders the
Consultant unable, wholly or in part, to perform his obligations and meet his responsibilities under this Contract, the
Consultant shall give notice and full particulars of such force majeure to UNOPS. The notice shall include steps
proposed by the Consultant to be taken, subject to the written approval of the UNOPS, including any reasonable
alternative means for performance that is not prevented by force majeure. Subject to acceptance by the UNOPS of
the existence of such force majeure, which acceptance shall not be unreasonably withheld, the following provisions
shall apply:
(a) The obligations and responsibilities of the Consultant under this Contract shall be suspended to the extent of
its inability to perform them and, subject to the provisions of para. (e) hereof, for as long as such inability
continues. During such suspension and in respect of work suspended, the Consultant shall be reimbursed by
the UNOPS for the Consultant's substantiated reasonable costs of maintenance of any of the Consultant's
equipment and for reasonable per diem for the Consultant's permanent personnel rendered idle by such
suspension, subject to para. (d) hereof;
(b) The Consultant shall within fifteen (15) days after the notice to the UNOPS of the occurrence of the force
majeure submit to the UNOPS a statement of estimated costs referred to under sub-paragraph (a) above
during the period of suspension. Within thirty (30) days after the end of the suspension, the Consultant shall
submit to the UNOPS a complete statement of the Consultant's actual costs;
(c) The term of this Contract shall be extended for a period equal to the period of suspension taking, however,
into account any special condition which may reasonably justify the period of extension to be different from
the period of suspension;
(d) Where the Consultant's equipment or permanent personnel referred to in sub-paragraph (a) are idle on site as
a result of the suspension for a period exceeding thirty (30) days, the Consultant shall confer with UNOPS in
good faith with a view towards agreeing upon a reasonable reduction of the costs incurred with respect to
such equipment and personnel and a reasonable apportionment between the parties of such costs. If the
parties fail to agree upon such reduction or apportionment within seven (7) days after the initial thirty (30)
days of suspension, the matter will be resolved in accordance with Article 29 hereof;
(e) If the Consultant is rendered permanently unable, wholly or in part, by reason of force majeure, to perform
its obligations and meet its responsibilities under this Contract, the UNOPS shall have the right to terminate
this Contract on the same terms and conditions as are provided for in Article 22, "Termination by UNOPS",
except that the period of notice shall be seven (7) instead of fourteen (14) days; and
(f) The UNOPS may consider the Consultant permanently unable to perform in case of any suspension period
of more than ninety (90) days.
Article 20 - Suspension by UNOPS
1. The UNOPS may suspend, for a specified period of time not exceeding thirty (30) days, in whole or in part, payments
to the Consultant and/or any of the Consultant's obligations under this Contract, if, in the UNOPS' sole determination:
(a) any condition arises which interferes, or threatens to interfere, with the successful carrying out of the work
or services under this Contract, the UNOPS Project or the accomplishment of the purpose thereof, or with
the performance by either party of its obligations under this Contract; or
(b) the Consultant shall have failed, in whole or in part, to perform any of its obligations under this Contract.
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2. Notice of such suspension shall be given by the UNOPS to the Consultant, specifying the duration of the suspension.
The suspension shall take effect seven (7) days after such notice.
3. If, by the expiry of the period of suspension, the UNOPS has not notified the Consultant to resume the performance
of a suspended obligation, the Consultant may request permission of the UNOPS to resume such performance. If the
UNOPS does not, within 7 days after its receipt of the request, notify the Consultant to resume the performance,
either party may terminate the portions of this Contract relating to the suspended obligation by giving the other party
seven (7) days prior notice of such termination. If it is not possible or reasonably practicable for only those portions
of the Contract to be terminated, the entire Contract may be terminated upon seven (7) days prior notice. The
provisions of paragraph 2 of Article 22 shall apply in the event of any such termination.
4. (a) The Consultant shall be reimbursed by the UNOPS for the Consultant's substantiated reasonable extra costs,
occasioned by the suspension, of necessary measures to maintain any of the Consultant's equipment and
personnel assigned to the performance of this Contract, while such equipment and personnel are idle as a
result of the suspension. However, such reimbursement shall not be paid if the Consultant could reasonably
re-assign such equipment or personnel to other tasks or to other contracts of the Consultant;
(b) As a condition for reimbursement under this paragraph 4, the Consultant shall:
(i) within fifteen (15) days after a suspension takes effect, notify the UNDP of the Consultant's good
faith estimate of the anticipated extra costs; and
(ii) within thirty (30) days after the end of the suspension, notify the UNOPS of the Consultant's actual
extra costs.
(c) The Consultant shall not be entitled to the reimbursement provided for in this paragraph 4 where the UNOPS
has suspended an obligation of the Consultant for reasons attributable to the fault or neglect of the
Consultant, its agents, servants, employees, subcontractors or independent contractors, or to a failure by the
Consultant to perform an obligation under this Contract.
Article 21 - Additional Rules relating to Suspension
1. Except as otherwise provided in this Contract, the rules set forth in this Article apply in the event of any suspension
under Article 19 or Article 20.
2. During the period of suspension, the Consultant shall provide such information as may reasonably be requested by the
UNOPS concerning the preservation and protection of the work and services performed by the Consultant and the
results thereof, and of all property of the UNOPS, and shall take all reasonable measures to provide for such
preservation and protection. Except as provided in paragraph 4 of this Article, the Consultant shall be reimbursed by
the UNOPS for substantiated reasonable costs incurred by the Consultant in providing such information and taking
such measures, provided that an estimate of such costs shall have previously been notified to and approved by the
UNOPS.
3. The Consultant shall produce such reports as may reasonably be requested by the UNOPS covering the work
executed or services performed up to the time of suspension. The reports shall conform to any reasonable
requirements by the UNOPS as to nature, structure and content. Except as provided in paragraph 4 of this Article, the
Consultant shall be reimbursed for its reasonable and substantiated costs in preparing the reports, provided that an
estimate of such costs shall have been previously notified to and approved by the UNOPS.
4. The Consultant shall not be entitled to the reimbursement provided for in paragraphs 2 and 3 of this Article where the
UNOPS has suspended an obligation of the Consultant pursuant to Article 20 for reasons attributable to the fault or
neglect of the Consultant, its agents, servants, employees, subcontractors or independent contractors, or to a failure by
the Consultant to perform an obligation under this Contract.
Article 22 - Termination by UNOPS
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1. Notwithstanding the provisions of Articles 19 and 20, the UNOPS may terminate this Contract for any reason upon
not less than fourteen (14) days (in the case of Contracts initially for a period of sixty (60) days or more) or seven (7)
days (in the case of Contracts initially for a period of less than sixty (60) days) notice to the Consultant.
2. Upon termination of this Contract:
(a) the Consultant shall take immediate steps to terminate the work and services in a prompt and orderly manner
and, to that end, shall provide such information as may reasonably be requested by the UNOPS concerning
the preservation and protection of the work or services performed by the Consultant and the results thereof
and all property of the UNOPS, and to minimize losses and further expenditures; the Consultant shall also
take all reasonable measures to provide for such prevention and protection and for minimization of losses
and expenditures;
(b) the Consultant shall be entitled, against appropriate vouchers, to be compensated in accordance with this
Contract for work or services performed satisfactorily and in accordance with this Contract prior to its
receipt of the notice of termination;
(c) unless the termination has been occasioned by any fault or neglect on the part of the Consultant, its agents,
servants, employees, subcontractors or independent contractors, or by any failure of the Consultant to
perform an obligation under this Contract, the Consultant shall also be entitled, against appropriate vouchers,
to be reimbursed for such reasonable costs and expenses as shall have been duly and properly incurred in
accordance with this Contract prior to the date of such notice of termination, including such forward
commitments as could not with diligent effort be cancelled or reduced, and for reasonable costs incident to
the orderly termination of the services, the return travel of Consultant's personnel and the return shipment of
their personal effects and of the equipment of the Consultant, to the extent that the same are not otherwise
covered by any fees, reimbursements or other compensation paid or payable to the Consultant;
(d) the Consultant shall produce such reports as may reasonably be requested by the UNOPS covering the work
and services performed up to the time of termination. The reports shall conform to any reasonable
requirements by the UNOPS as to nature, structure and contents. The Consultant shall be reimbursed for its
reasonable and substantiated costs in preparing the reports, provided that an estimate of such costs shall have
previously been notified to and approved by the UNOPS; and
(e) the Consultant shall not be entitled to receive any payments other than those provided for in this paragraph 2.
Article 23 - Termination by the Consultant
The Consultant may terminate this Contract in accordance with Articles 19.2(e) and 20.3 above.
Article 24 - Other Rights and Remedies of UNOPS
1. Nothing in or relating to this Contract shall be deemed to prejudice or constitute a waiver of any other rights or
remedies of the UNOPS.
2. The UNOPS shall not be liable for any consequence of, or claim based upon, any act or omission on the part of a
Government.
Article 25 - Bankruptcy
Should the Consultant be adjudged bankrupt, or become insolvent or should control of the Consultant change by virtue of
insolvency, the UNOPS may, without prejudice to any other right or remedy, terminate this Contract immediately by giving
the Consultant notice of such termination.
Article 26 - Facilities, Exemptions, Privileges and Immunities of Consultant and Consultant's Personnel
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1. The compensation, reimbursement, remuneration and payment provided for in this Contract do not include any taxes,
duties, fees or levies which may be imposed in the recipient country on salaries or wages earned by the Consultant's
personnel (except Government nationals employed locally) in the performance of the Contract or on any equipment,
materials or supplies which the Consultant may bring into that country in connexion with the contract or which after
having been brought into that country may be subsequently withdrawn therefrom. If any authority of the Government
refuses to recognize exemption from or reimbursement for such taxes, duties, fees or levies, the UNOPS shall in no
event be liable beyond the amount of said taxes, duties, fees and levies or for any failure or delay in obtaining such
exemption or reimbursement.
2. The UNOPS will use its best efforts to obtain for the Consultant and its personnel (except Government nationals
employed locally) such additional facilities, exemptions, privileges and immunities as the Government has generally
agreed to grant to contractors performing services for the UNOPS within the country and to their personnel. An
information copy of the provisions relating to such facilities, exemptions, privileges and immunities that are
contained either in Articles IX and X of the Standard Basic Assistance Agreement between the Government and the
UNDP or in an annex to the Project Document concerning this Project are set forth in Attachment B hereto.
However, the UNOPS shall in no event be liable for any consequences of, or any claim based upon, any failure on the
part of the Government to carry out any of such undertakings.
3. Any provisions, whether in an Agreement, Project Document, or any other instrument to which the recipient
Government is a party, by which the recipient Government confers benefits upon the Consultant and its personnel in
the form of facilities, exemptions, privileges and immunities by reason of the performance of services for the UNOPS
on this Project, may be waived by the United Nations where, in its opinion, such immunity would impede the course
of justice and can be waived without prejudice to the successful completion of the Project or to the interests of the
UNDP, UNOPS or the United Nations.
Article 27 - Indemnification
The Consultant shall indemnify, hold and save harmless and defend at its own expense the UNOPS and its officials, agents,
servants and employees from and against all suits, claims, demands and liability of any nature or kind, including costs and
expenses associated therewith, arising out of acts or omissions of the Consultant or its officers, agents, servants, employees,
subcontractors or independent contractors in the performance of any work or services in connection with this Contract.
Without limiting the generality of the foregoing, this Article shall extend to suits, claims, demands and liability in the nature of
workmen's compensation, products liability, and liability arising out of the use of patented inventions or devices, copyrighted
material or other intellectual property by the Consultant, its officers, agents, servants, employees, subcontractors or
independent contractors and or others responsible to the Consultant, as well as by the UNOPS. The obligations in this Article
do not lapse upon termination of the Contract.
Article 28 - Good Faith
The Parties undertake to act in good faith with respect to each other's rights under this Contract and to adopt all reasonable
measures to ensure the realization of the objectives of this Contract.
Article 29 - Settlement of Disputes
Any dispute, controversy or claim arising out of or relating to this Contract, or the breach, termination or invalidity thereof,
shall, unless it is settled amicably by direct negotiation, be settled by arbitration in accordance with the UNCITRAL
Arbitration Rules then obtaining. The Parties agree to be bound by the arbitration award rendered in accordance with such
arbitration, as the final adjudication of any such disputes controversy or claim.
Where, in the course of such direct negotiation referred to above, the parties wish to seek an amicable settlement of such
dispute, controversy or claim by conciliation, the conciliation shall take in accordance with the UNCITRAL Conciliation
Rules then obtaining or according to such other procedure as may be agreed between the parties.
Article 30 - Privileges and Immunities
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Nothing in or relating to this Contract shall be deemed a waiver of any of the privileges and immunities of the UNDP, UNOPS
or the United Nations.
Article 31 - Tax Exemption
Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the UN including
its subsidiary organs, such as UNDP and UNOPS, are exempt from all direct taxes and from customs duties in respect of
articles imported or exported for its official use. Accordingly, the Consultant authorizes the UNOPS to deduct from the
Consultant's invoice any amount representing such taxes or duties. Payment of such corrected invoiced amount shall
constitute full payment by the UNOPS. In the event any taxing authority refuses to recognize the UNOPS exemption from
such taxes, the Consultant shall immediately consult with the UNDP to determine a mutually acceptable procedure.
Article 32 - Form of Notice, Request, Statement or Approval
Any notice, request, statement or approval provided for in these General Conditions shall be effective if it is given either in
writing by letter, telex or facsimile
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